Appeals Court Revives Disabled EMT Suit

May 31, 2002 (PLANSPONSOR.com) - A federal appeals
court has breathed new life into a legal battle by a former
New Jersey emergency medical technician who claimed he was
blocked from transferring to a police dispatcher post after a
back injury.

The 3rd US Circuit Court of Appeals reinstated a lawsuit
by Howard Shapiro after ruling that federal
anti-discrimination laws prohibit disabled workers from
being forced to use normal job posting procedures to move
to a job they can perform, according to a Legal
Intelligencer report.

Shapiro claimed Lakewood Township officials violated the
Americans with Disabilities Act by forcing him to apply for
open positions as they were posted on a town bulletin board
when his back injury kept him from continuing as a medical
technician. Court papers said Shapiro, a 15-year township
employee, suffered a herniated disk while lifting an
elderly patient in July 1997.

Appeals judges ruled that US District Judge Mary Little
Cooper mistakenly threw out Shapiro’s lawsuit because he
hadn’t followed normal job procedures.

Case Background

According to court papers, Shapiro was placed on
“restrictive duty” with restrictions that he could not
crawl, crouch, squat, or lift more than 25 pounds. He never
resumed normal responsibilities.

After becoming disabled, Shapiro and his lawyers
requested that the township allow him to move into another
job. He claims the township hired five police dispatchers
during the time he was requesting “an accommodation” to
move to a dispatcher slot.

For its part, the township stuck to its guns about its
normal job transfer requirements. Lakewood claimed that
because Shapiro failed to follow its procedure, it was not
required to transfer him to the position of police
dispatcher or any other position.

Lakewood’s lawyers argued that accommodating Shapiro by
means of a transfer would have required it to violate its
policy of requiring interested employees specifically to
request and interview for job transfers.